Introduction
Earlier through the Atul Subhash case1 and recently through the Puneet Khurana case2 and the Manav Sharma case3, the plight of Indian men facing false cases related to crime against women has come to the forefront. With extensive media coverage and outburst by Men’s rights activists and organizations, as well as the graphic details of the physical as well as mental harassment faced by these men being shared on social media, the entire nation witnessed the tragic stories of these men that came to an unfortunate end. An end that will do little justice to the ‘real’ perpetrators in these cases. An end that was unjustified and uncalled for and rather an end that was certainly forbidden as well as avoidable, had these men got timely support. In this article, we touch upon few important points that you should consider while dealing with a 498A case of matrimonial cruelty and dowry related harassment (section 85 and section 86 of BNS), including lessons from the recent cases that will help safeguard your interests against the false litigation.
There are hundreds, if not thousands, of men who are similarly placed and fighting their legal battles against vexatious litigation silently in India. With every passing day, sufferings of these families carrying the social stigma, their personal ordeal and their lives in a state of turmoil, go almost unnoticed. Despite the fact that various courts in the country as well as the union government have repeatedly recognized that the section is being misused by women for settling their scores, for their personal vendetta and for sheer harassment of their in-laws, the section still continues to haunt the Indian men, especially those whose marriages are going through the rough weather. In fact, this section would be solely responsible for breaking large number of marriages in India every year, as the stigma and trauma that this ‘criminal case’ brings in the otherwise ‘family law’ jurisprudence, makes it almost impossible to save the marriage.
Changing face of the law meant to protect married women from being subjected to cruelty
The law that was incorporated in the Indian Penal Code in the year 1983 to protect married women from being subjected to cruelty by the husband and his relatives, as well as against the cruelty and harassment related to the demand of dowry; has over the years become a weapon used by disgruntled wives for harassment of the husband and his family, in many cases, thus defeating the real purpose of enactment of this provision. The section is often said to have become a tool for blackmail and extortion in many cases. Most of the times the interpersonal or family conflicts are given the color of complaints of harassment and demand of dowry. Inflated egos of the people involved, shoddy investigations and overzealous advisors make both sides travel the longer roads of conflict. There is an attempt to rope in all near and dear relatives of the husband even when they did not have an iota of involvement in the personal life of the couple during their cohabitation. There are far reaching repercussions in such cases as the case impacts the health and well-being of the family members, senior citizens, children, job and business prospects of family members – as a sense of fear, constraint and uncertainty looms over the ‘accused persons’ throughout the tenure of the dispute.
Recent observations by the Hon’ble Supreme Court of India and Punjab and Haryana High Court regarding 498A IPC cases (Section 85, 86, BNS 2023)
Although things have marginally improved in the current times with respect to arrests made under Section 498A, there has been a darker past related to this specific provision. The Supreme Court in the landmark case of Arnesh Kumar vs. State of Bihar & Anr. (2014 SC) ordered restrictions on automatic arrests being made by the Police in 498A cases to protect the liberty of the individuals and also passed directions against the misuse of dowry related laws:
“”Crime in India 2012 Statistics” published by National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for offence under Section 498A of the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the total persons arrested under the crimes committed under Indian Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498A, I.P.C. is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. “. The Apex court made the directions to the Police authorities against automatic arrests when a case was registered under S. 498-A IPC and directed them to initiate investigation and only after reasonable satisfaction can they make an arrest.
“Police officers directed not to automatically arrest a person where a case is registered under Section 498A I.P.C., Dowry Prohibition Act and also in cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to 7 years – Arrest be made after some investigation as to the genuineness of allegation.”
Supreme Court of India in Arnesh Kumar v. State of Bihar & Anr.4
“In a number of cases provisions of Section 498A and Dowry Prohibition Act are being mis-utilized by disgruntled wives to harass to husband and his relatives of husband to get them arrested – Police directed not to make arrest without reasonable satisfaction and genuineness of allegation.”
Supreme Court of India in Arnesh Kumar v. State of Bihar & Anr.4
Hon’ble Supreme Court of India has recently observed that:
“….Vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes…”
“….Implicating family members and relatives – A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud…”
Supreme Court of India in Dara Lakshmi Narayana v. State of Telangana5
Hon’ble Punjab and Haryana High Court has recently observed that:
“….. Section 498A and 406 IPC, though enacted to curb dowry-related offenses, are often misused by complainant-wives as a redressal mechanism rather than seeking actual criminal prosecution – Courts must adopt a pragmatic approach and evaluate the matrimonial discord-related cases with caution…..”
Kailash v. State of Haryana, (2024 Punjab and Haryana)6
Prevalence of matrimonial cruelty cases in current times
Despite the fact that the courts including the Apex court and various High Courts have been highlighting the misuse of the provisions related to dowry (primarily Section 498A IPC (Section 85,86 BNS) and there have been various landmark judgements to check the misuse and restrict unwarranted actions, the misuse of provisions related to matrimonial cruelty is still vastly prevalent. As per NCB data from the year 2022, conviction rate in these offences is reeling under 17% with chargesheet rate at 84.5% and the total pendency of cases in the courts stood at around 8.5 lakh cases till that year. Arrest of over 1,45,000 persons including male, female and senior citizens has been reported in the year 2022 in the cases pertaining to Section 498A. Total cases that were due for investigation by Police stood at around 1,95,000 cases, including the carry over cases from previous year, that were pending investigation. The data shows that extensive arrests are still being made in the cases of matrimonial cruelty with very low conviction rate, thus, highlighting the misuse of the provision.
Disgruntled wives often target the distant relatives as well as siblings living abroad to aggravate the harassment. There is specific tendency to target the NRIs in cases where they do not have any role to play with the intention to extort huge sums of money. There is also a tendency to impact the job and/or business prospects to aggravate the harassment. Often, grievous charges are also added against the male members of husband’s family to circumvent the guidelines on restrictions on arrest in 498A cases.
Considerations for the accused under Section 85 and 86 of BNS, 2023 (Section 498A IPC) – Lessons from the recent cases
With the recent unfortunate incidents of men committing suicide upon being subjected to harassment involved while facing 498A/406 IPC cases and its trial; it is imperative to answer the questions that many have asked: What should be done to avoid a situation where husband’s family faces unnecessary harassment? How do I deal with false 498a case against me? What are the lessons from the recent cases?
If you are facing trial in a case involving 498A/406 IPC or you are about to face a complaint regarding this, it is important to consider following points when you are facing false 406 IPC (Section 316 BNS) and 498A IPC (Section 85, 86 of BNS) litigation:
- Take ‘Informed’ decisions – Knowledge is the most important tool that will help you navigate through the proceedings related to the 406/498A IPC (Section 316 and Section 85, 86 of BNS) cases. Do not be ignorant of the case proceedings and the status of each of the cases that you are facing. Although you may not need to know the finer details of the provisions of law, but a general understanding of what charges you are facing, what can be the consequences of each of the case and what is the progress and current status of the cases is expected from you. Always discuss with your legal counsel on the options available and the path forward. For instance, in the case of Atul Subhash, one of the core issues that was creating unnecessary harassment aggravating the ordeal already being faced by the husband from the false allegations and exorbitant demands was the long-distance travel involved for the husband and his family members, that could have been avoided by opting for the legal remedies (multiple options were applicable in this case). Each of these options lead to a common goal – relief for the husband and his family that could have made things a bit easier. An expert legal advisor can help in getting the appropriate relief for the husband in such situations.
- Get clear strategy and approach that is specific to your case based on legal advice – There is no ‘one size fits all’ approach in law; based on the facts specific to your case and other intervening factors such as the what all cases have been filed against you, gravity of the charges, family background of the opposite party, behavioral characteristics, potential weaknesses, age of the parties, place of residence, place of litigation, occupation, education, health and the primary objective of the parties etc. will be important to chart out the strategy for your specific case. Talk to your lawyer to understand the strategy for your case. A linear approach with just plainly defending all the cases may not be prudent in certain cases as that may take longer time in closure. In such scenarios, depending on the factors mentioned above, instituting cases against the opposite party may help in getting an earlier resolution.
- Be watchful and invoke your rights when needed – Be watchful of the proceedings. Always discuss the status of the case with your counsel and the next steps along with any action that is due on you or your family members. Do not simply waive off your rights to challenge any order or action against you even if that seems harmless. Sometimes, the lower courts miss out on a critical legal point in the case proceedings and any opportunity to knock the doors of the appellate court or the high court brings an opportunity to turn the tide in your favor. In many cases, the accused, due to ignorance, and ill-advice in certain cases, do not challenge the order that is made against them in lower court, thus creating a negative situation for them that could also impact other ongoing cases. In many cases, at the very beginning of the case when the complaint is still with the police authorities, timely intervention by the Hon’ble High Court with a strict direction to the police authorities, can make things work in your favor.
- Take expert legal advice – When faced in certain situations, where needed, do take expert legal advice and if required do take a second opinion, especially if you are concerned with the progress, the duration, the outcome of the cases and the orders are not looking in your favor. Just as we do in case of medical opinion, a second legal opinion can certainly avoid any untoward situation, if taken well in time.
- Gather all evidence and disclose all relevant facts – Do not bother too much on what has been alleged against you by the opposite party. Trust your legal advisor on these aspects and disclose all relevant facts of the case to your legal counsel for him to advise you and to effectively defend you in the court of law. Also, do ensure to gather all relevant evidence in consultation with your lawyer.
- Stay positive – Remember, this too shall pass. If you and your family are facing false litigation, do not let that impact your life. Consider that as a disease which is certainly curable and has a fixed time duration. There are lot of misconceptions that are propagated with vested interests, if you stay informed and have the right advisors, your peace of mind is assured, and you will sail through these events successfully.
- Stay healthy – Adapt your lifestyle and take care of yours and your family’s well-being.
Conclusion: In the recent times, there has been considerable awareness amongst the general public regarding the false litigation being faced by men in India. This dangerous trend, that is impacting families in India and breaking thousands of marriages every year, has been widely covered in Indian and International media. Our courts, including the Hon’ble Apex court, have acknowledged this abuse of law and also have taken some steps to check the misuse of this law. The landmark judgement Arnesh Kumar vs State was one giant step in this direction that provided relief to husband and the family members against the inconsiderate and automatic arrests of the family members. If you are facing such cases, do take legal advice from expert lawyers. Remember, law is a very vast field and when one is facing frivolous litigation there are several opportunities to counter your opponent. A well-executed smart move based on expert legal advice can bring great results in your case. So, rather than worrying too much about the case and its outcome, do take an expert legal opinion to help you overcome the challenges. Click here to talk to our expert legal advisors.
- News Report by The Indian Express dated Jan 07, 2025
- News Report by The Times of India dated 03 Jan, 2025
- News Report by The Times of India dated Mar 06, 2025
- Arnesh Kumar vs. State of Bihar & Anr. (2014) 8 SCC 273, (2014) 8 SCR 128
- Dara Lakshmi Narayana v. State of Telangana [2024] 12 S.C.R. 559: 2024 INSC 953
- Kailash v. State of Haryana, (Punjab and Haryana) CRR-809 of 2020 (O&M) 2024